Claimant v Allandale Care Group Limited
Outcome
Individual claims
The claim was struck out because the claimant did not have sufficient 2-years' service to claim for unfair dismissal. The claimant failed to make representations or request a hearing after being given the opportunity to do so by the tribunal.
Facts
Mrs Gilligan brought a claim for unfair dismissal against her former employer, Allandale Care Group Limited. The tribunal identified that she did not have the required two years' service necessary to bring an ordinary unfair dismissal claim. The tribunal wrote to the claimant on 5 December 2024 giving her until 20 December 2024 to make representations or request a hearing as to why the claim should not be struck out. She failed to respond.
Decision
The tribunal struck out the unfair dismissal claim because the claimant lacked the qualifying two-year service period. The claimant was given an opportunity to make representations but failed to respond, leading to the strike-out. Other claims brought by the claimant remain listed for hearing on 15 April 2025.
Practical note
Claimants must have two years' continuous service to bring an ordinary unfair dismissal claim, and failure to respond to tribunal correspondence can result in claims being struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 6019810/2024
- Decision date
- 13 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No